Article 6 & 7 8616.4-8662.doc.pptx

1. ARTICLE 6. Enforcement
§ 1999.5. False and Misleading Advertising.
It is the purpose of this regulation to protect the public from false, misleading, deceptive, or unfair representations or
claims concerning structural pest control while enabling the public to receive truthful and legitimate information about
those structural pest control products and services and the potential of these products and services to reduce impact to
health or the environment.
(a) It is unlawful for any licensee, or any employee thereof, directly or indirectly to make, disseminate, represent, claim,
state, or advertise, or cause to be made, disseminated, represented, claimed, stated or advertised by any manner or
means whatever, any statement or representation concerning structural pest control, as defined in Business and
Professions Code section 8505, which is unfair, deceptive, untrue or misleading, and which is known, or which by the
exercise of reasonable care should be known, to be unfair, deceptive, untrue or misleading. (b)As used in this section, the
terms “make,” “disseminate,” “represent,” “claim,” “state,” or “advertise” and any of their variants include, but are not
limited to any print communications (for example, telephone directories, newspapers, magazines or other publications or
books, notices, circulars, pamphlets, letters, handbills, posters, bills, signs, placards, cards, labels, tags, vehicle or
equipment signage, window displays, or store signs), electronic communication (for example, radio, television, audio or
video tape, telephone, or the Internet), demonstration, direct person-to-person contact, or other means or methods
now or hereafter employed to bring structural pest control services, methods, products, pesticides, or devices to the
attention of the public for the direct or indirect purpose of performing or offering to perform services for which a license
is required by section 8500 and following of the Code.
(c)As used in this section “the exercise of reasonable care” includes a duty to investigate the basis of any statement or
representation to assure that the statement or representation is not unfair, deceptive, untrue or misleading. The making
of a statement or representation without knowledge of its truthfulness breaches the duty to investigate.
(d)Violation of this section occurs at the time an unfair, deceptive, untrue or misleading statement or representation is
made. Once a violation occurs, subsequent disclosures, caveats, disclaimers, or waivers cannot eliminate it.
(e)The remedies or penalties provided by this section are cumulative to each other and to the remedies or penalties
available under all other laws and regulations of this State.
146 1999.5 STRUCTURAL PEST CONTROL BOARD Title 16
(f)Examples of direct or indirect statements or representations which are unfair, deceptive, untrue or misleading include,
but are not limited to, the following:
(1) any advertising in violation of Business and Professions Code sections 17200, and 17500;
(2)any statement or representation that misrepresents or fails to disclose an important or necessary fact about a pest
control service, method, product, pesticide or device;
(3)any unfair, deceptive, untrue or misleading statement or representation about the effects of a pest control service,
method, product or device;
(4)any expressed or implied statement or representation that one or a combination of pest control services, methods,
products, pesticides, or devices is an alternative or substitute for, is comparable to, or is better than any other pest
control service, method, product, pesticide, device, or combination thereof, if what is being compared provides different
treatment coverage of a structure, including but not limited to differences in the extent that accessible and inaccessible

2. areas can reasonably be treated, unless said differences in treatment coverage are clearly and conspicuously stated. This
subsection (f)(4) shall only apply to Branch 3 activities;
(5)any representation that a service, method, product, pesticide, or device, or combination thereof, intended to treat
infested wood in a structure, will be used to treat an entire structure for target pests if the service, method, product,
pesticide, or device or combination thereof is not capable of treating all potentially infested wood in a structure including
inaccessible areas. This subsection (f)(5) shall only apply to Branch 3 activities;
(6)any statement or representation that a pest control service, product, pesticide, or device or combination thereof
offers a general environmental protection or benefit unless the statement or representation can be substantiated within
the meaning of section 260.5 of title 16 of the Code of Federal Regulations (2008), hereby incorporated by reference, and
is limited to the specific nature of the environmental or health benefit being asserted;
(7)any unfair, deceptive, untrue or misleading statement concerning the composition of a pest control service, method,
product, pesticide or device;
(8)any unfair, deceptive, untrue or misleading statement concerning the effectiveness of a pest control service, method,
product, pesticide or device;
(9)any unfair, deceptive, untrue or misleading statement about the value of a pest control product for purposes other
than as a pesticide or pest control device;
(10)any unfair, deceptive, untrue or misleading comparison of pest control services, methods, products, pesticides or
devices;
(11)any statement or representation that a pesticide or device is certified, sponsored, recommended, endorsed, or
approved by any agency of the Federal
147 1999.5 STRUCTURAL PEST CONTROL BOARD Title 16
Government or the State of California, including but not limited to, “tested by the Department of the Interior,” “EPA
approved,” “EPA registered,” “approved by the Structural Pest Control Board,” or “recommended by the Structural Pest
Control Board,” except that a statement or representation of this type is permissible if specifically authorized by the
Federal or State agency to which it refers;
(12)a statement which is literally true but is used in such a way as to give an unfair, deceptive, untrue or misleading
impression to the consumer;
(13)claims that a pesticide application, a pesticide or pesticide ingredients are safe, including statements such as “safe,”
“nonpoisonous,” “non-injurious,” “harmless” or “nontoxic to humans and pets” with or without such a qualifying phrase
as “when used as directed”;
(14)claims regarding services and products for which the licensee does not have substantiation in the form of tests,
analysis, research, studies, or other evidence that was conducted and evaluated in an objective manner by persons
qualified to do so, using procedures generally accepted by others in the profession or science to yield accurate and
reliable results; and
(15)any statement or representation concerning structural pest control that is conditioned or subject to any
requirement, condition, limitation, disclaimer or waiver, that is not immediately followed by a clear and conspicuous
statement of said requirement, condition, limitation, disclaimer or waiver.

3. In determining whether revocation, suspension, or probation is to be imposed in a given disciplinary case, factors such as
the following should be considered: ) Factors in Aggravation: Crimes or Acts
a. Nature and severity of the act or crime under consideration.
b. Actual or potential harm to the public or any consumer.
c.Pending and final records of any cause of action from any investigation, hearing, or court of competent jurisdiction in
this state or any other venue.
d. Conduct was knowing, willful, reckless, or negligent.
e. Whether financially motivated.
f. Involved fraud, misrepresentation and/or dishonesty.
g. Whether a pattern of practice.
h. Length of time passed since the act or omission.
i. Length and seriousness of the administrative, civil or criminal record.
j.Compliance with any administrative, or criminal probation, or of any criminal parole
imposed, regardless of venue.
k.Compliance with, including but not limited to, restitution, fines, or community service
lawfully imposed in this state or any other venue.
Il. Factors in Mitigation: Crimes or Acts
a.Satisfaction of any lawfully imposed sanctions or other conditions including, but not limited to, restitution, fines or
compliance arising from any cause of action.
b. Participation and completion of training, counseling or rehabilitation programs.
c. No prior disciplinary actions.
d. Not a pattern of practice.
e. Evidence of substantial measures to prevent the occurrence of future violations.
f. Neither willful, reckless, or negligent.
g. The public or any consumer was not actually or potentially harmed.
h. The length of time passed since the act or omission, or completion of probation, or completion of parole.
i. No prior criminal record.
j.If applicable, evidence of expungement proceedings or dismissal pursuant to Section 203.4, 1203.4a, or 1203.41 of the
Penal Code.
k. Other relevant evidence of rehabilitation.
Ill. Factors in Extenuation: Crimes or Acts
a. Circumstances deemed beyond one's direction or control.
b. Degree of knowledge and/or participation constituting cause for discipline.
C. Coercion or oppression. d. Incapacitation, physical or mental condition.
The Board does not require the presence of any one or combination of the above factors to justify the degree of
discipline to be imposed.
STANDARD TERMS AND CONDITIONS OF PROBATION
The standard terms of probation appearing in every case are:
1. Obey all laws
2. File quarterly reports

4. 3. Tolling of probation if respondent moves out of state, is suspended, does not renew, or inactivates license
4a. Notice to employers
4b. Notice to employees
5. Violation of probation
6. Interview / Records: Board Or Its Designee
7. License Surrender
8. Completion of Probation
9. Cost Recovery
OPTIONAL TERMS AND CONDITIONS OF PROBATION
10. Actual suspension of license / registration certificate
11. Completion of appropriate continuing education course: Branch 1
12. Completion of appropriate continuing education course: Branch 2
13. Completion of appropriate continuing education course: Branch 3
14. Reimbursement to the Board for random inspections
15. Payment of inspection fee
16. Restitution to consumer
17. Prohibition from serving as officer, director, associate, partner or qualifying manager
18. No ownership of registered company
19.Take and pass licensure examination
DEFAULT DECISION
The disciplinary penalty in a default decision is revocation.
CIVIL PENALTY IN LIEU OF SUSPENSION
The Board has the authority to assess a civil penalty in lieu of actual suspension as follows:
(a)not more than $5,000 for an actual suspension of 1 to 19 days (b)not more than $10,000 for an actual suspension of
20 to 45 days The respondent may express a preference for paying a civil penalty in lieu of actual suspension, but the
Board is not bound by any expression of preference. If such preference is expressed, it should be included in the
proposed decision.
MODEL DISCIPLINARY ORDERS
MODEL LANGUAGE

5. A. Revocation - Single Cause
(Ex. Operator's / Field Representative's / Applicator's) License / Company Registration
Certificate No. (Ex. OPR 1234) issued to Respondent (Ex. John Doe) is revoked.
B. Revocation - Multiple Causes
(Ex. Operator's / Field Representative's / Applicator's) License / Company Registration
Certificate No. (Ex. OPR 1234) issued to respondent (Ex. John Doe) is revoked pursuant to Determination of Issues (Ex. I,
II, and Ill) separately and for all of them.
C. Suspension - Single Cause
(Ex. Operator's / Field Representative's / Applicator's) License / Company Registration Certificate No. (Ex. OPR 1234,
Branch (es) X) issued to Respondent (Ex. John Doe) is suspended (Ex. Thirty (30) consecutive days) beginning the effective
date of the decision.
D. Suspension - Multiple Causes
(Ex. Operator's / Field Representative's/ Applicator's) License / Company Registration
Certificate No. (Ex. OPR 1234, Branch(es) X) issued to respondent (Ex. John Doe) is suspended for (Ex. thirty (30)
consecutive days) pursuant to Determination of Issues (Ex. I, II, and Ill) separately and for all of them. All suspensions
shall run concurrently beginning the effective date of the decision.
E. Suspension - Multiple Causes
(Ex. Operator's / Field Representative's/ Applicator's) License / Company Registration Certificate No. (Ex. OPR 1234)
issued to respondent (Ex. John Doe) is suspended (Ex. Thirty (30)consecutive days) pursuant to Determination of Issues
(Ex. I, II, and Ill) and (Ex. Sixty (60) consecutive days) pursuant to Determination of Issues (Ex. IV and V). These
suspensions shall run consecutively, for a total period of (Ex. Ninety (90) consecutive days) beginning the effective date of
the decision. F. Standard Stay Order However, (revocation / suspension) is stayed and respondent is placed on probation
for (Ex. _ years) upon the following terms and conditions:
G. Probation
However, (revocation / suspension) is stayed and respondent is placed on probation for years upon the following terms
and conditions:
STANDARD TERMS AND CONDITIONS OF PROBATION
[1] Obey All Laws
Respondent shall obey all federal, state and local laws including all laws and rules relating to the practice of structural
pest control.
Respondent shall submit a completed California Department of Justice and federal Livescan fingerprint form, unless
previously submitted as part of the licensure application process.
Fingerprint forms shall be submitted within thirty (30) calendar days of the effective date of the Decision and Order.

6. [2] Quarterly Reports
Respondent shall file quarterly reports with the Board during the period of probation., no later than ten (10) days after
the end of the quarter.
(3] Tolling of Probation
In the event respondent should leave California to reside or practice outside the state, prior to departing, respondent
must provide written notification to the Board of the dates of departure and anticipated return to the state.
Respondent's probation is tolled if and when he or she ceases practicing in California. Periods of practice outside of
California will not apply to the reduction of the probationary period. For purposes of this condition, non-practice due to
Board ordered suspension, or in compliance with any other Board ordered condition of probation, shall not be
considered a period of non-practice.
[4a.] Notice to Employers (Individual Licensees) Respondent shall notify all present and prospective employers of the
decision in case No. Ex. 91-01) and the terms, conditions and restriction imposed on respondent by said decision Within
30 days of the effective date of this decision, and within 15 days of respondent undertaking new employment,
respondent shall cause his/her employer, owner and qualifying manager to report to the Board in writing acknowledging
he/she has read the decision in case No. (Ex. 90-01). [4b.] Notice to Employees (Registered Companies) Respondent shall,
upon or before the effective date of this decision, post and circulate a notice to all employees involved in structural pest
control operations which accurately recite the terms and conditions of probation. Respondent shall be responsible for
said notice being immediately available to said employees. "Employees" as used in this provision includes all full-time,
part time, temporary and relief employees and independent contractors employed or hired at any time during probation.
The notice shall be posted in a conspicuous place where employees can see it and shall remain posted the entire term of
probation.
[6]Violation of Probation
Should respondent violate probation in any respect, the Board, after giving respondent notice and an opportunity to be
heard, may revoke probation and carry out the disciplinary order which was stayed. If an accusation or a petition to
revoke probation is filed against respondent during probation, the Board shall have continuing jurisdiction until the
matter is final, and the period of probation shall be extended until the matter has been acted upon by the Board.
6 Interview / Records: Board Or Its Designees
Respondent shall be available in person upon reasonable request for interviews and the review of records either at
respondent's place of business, residence, or other agreed upon location throughout the term of probation.
7 License Surrender
Following the effective date of this decision, if respondent ceases practicing in the pest control industry due to
retirement, health reasons, or is otherwise unable to satisfy the terms and conditions of probation, respondent may
request the voluntary surrender of respondent's license/registration to the Board. The Board reserves the right to
evaluate the respondent's request and to exercise its discretion whether to grant the request or to take any other action
deemed appropriate and reasonable under the circumstances. Upon the Board's acceptance of the surrender,
respondent shall within fifteen (15) days deliver to the Board's offices his/her wall and pocket license and company
registration wall certificate. Respondent will no longer be subject to the terms and conditions of probation an the
surrender of respondent's license/registration shall be deemed a disciplinary action. However, if respondent re-applies
for a license or registration, the application shall be treated as a petition for reinstatement of a revoked
license/registration.

7. 8 Completion of Probation
Upon successful completion of probation, respondent's license / certificate will be fully restored.
9 Cost Recovery
Respondent shall reimburse the Board investigation and enforcement costs in the amount of . Respondent shall pay
these costs within 90 days of the effective date of the decision or through a payment plan approved by the Board. Failure
to make a timely payment, 10 and/or failure to complete payment of cost recovery, shall constitute a violation of
probation.
Periods of non-practice by Respondent shall not relieve respondent of his or her obligation to reimburse the Board for its
investigative and enforcement costs. Probation shall not be terminated until all costs are paid-in-full.
OPTIONAL TERMS AND CONDITIONS OF PROBATION
10 Actual Suspension
Respondent is suspended from practicing for (Ex. ten (10) consecutive days) beginning the effective date of the decision.
This period of suspension shall not apply to the reduction of the probationary time period.
Note: The following paragraph applies only to companies:
Respondent structural pest control company shall prominently post a suspension notice provided by the Board of the
Board's order of suspension at its principle office and each of its branch offices in a place conspicuous and readable to
the public. The notice shall remain posted during the entire period of actual suspension.
11 Continuing Education Course - Branch 1
Respondent shall complete a continuing education course for pest control in Branch 1 (fumigation) within six (6) months
of the effective date of this decision in addition to the existing license renewal requirements
12 Continuing Education Course - Branch 2
Respondent shall complete a continuing education course for pest control in Branch 2 (general pest) within six (6)
months of the effective date of this decision in addition to the existing license renewal requirements.
13 Continuing Education Course - Branch 3
Respondent shall complete a continuing education course for pest control in Branch 3 (wood destroying pests and
organisms) within six (6) months of the effective date of this decision in addition to the existing license renewal
requirements.
14 RandomInspections
Respondent shall reimburse the Board for (Ex. one (1)) random inspection(s) per (Ex. quarter) by Board specialists during
the period of probation not to exceed $125 per inspection. 11
15 InspectionFees
Respondent shall pay to the registrar, or designee, an inspection fee of (Ex. $50) within thirty (30)days from the effective
date of this decision.

8. 16 Restitution to Consumer
Respondent shall submit proof to the registrar that restitution in the amount of (Ex. $8,000) has been made to (Ex. John
Smith) within (Ex. thirty (30) days) of the effective date of the decision.
17Prohibited from Serving as Officer, Director, Associate, Partner, or Qualifying Manager Respondent is prohibited from
serving as an officer, director, associate, partner, qualifying manager, branch office manager, or responsible managing
employee of any registered company during the period of probation.
18 No Interest In Any Registered Company
Respondent shall not have any legal or beneficial interest in any company currently or hereinafter registered by the
Board.
19Take And Pass Licensure Examinations Within (Ex. six (6) months) of the effective date of this decision, respondent
shall take and pass the (Ex. Operator's/Field Representative's/Applicator's) examination currently required of new
applicants for (Ex. Operator's/Field Representative's) license. The examination shall be taken on regularly scheduled
dates. Respondent shall pay the established examination fee. If respondent fails to pass said examination within (Ex. Six
(6) months) of the effective date of this decision it shall constitute a violation of probation.